LegalizeS.I. No. 685/2006 - Planning and Development Regulations 2006
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
| “PART 4 Control of Development Chapter 1 Permission Regulations - planning applications and decisions | “PART 4 Control of Development Chapter 1 Permission Regulations - planning applications and decisions | |
| Planning application accompanied by EIS or which relates to establishment to which Major Accident Regulations apply. | 16. (1) Any person who makes a planning application which is required to be accompanied by an EIS in accordance with section 172 of the Act or these Regulations shall comply with the requirements of Part 10 in addition to the requirements of this Part. (2) Any planning application for development of a type referred to in article 137(1)(a) shall be subject to the requirements of Part 11 in addition to the requirements of this Part. | |
| Notice of planning application. | 17. (1) An applicant shall within the period of 2 weeks before the making of a planning application — (a) give notice of the intention to make the application in a newspaper in accordance with article 18, and (b) give notice of the intention to make the application by the erection or fixing of a site notice in accordance with article 19. (2) Where the last day of the 2 week period referred to in sub-article (1) is a Saturday, Sunday, a public holiday (within the meaning of the Organisation of Working Time Act 1997 (No. 20 of 1997)), or any other day on which the offices of the planning authority are closed, the application shall be valid if received on the next following day on which the offices of the planning authority are open. (3) The requirement of sub-article (1)(b) shall not apply in relation to a planning application for development consisting of the construction or erection by an electricity undertaking of overhead transmission or distribution lines for conducting electricity. or development consisting of the construction or erection by any statutory undertaker authorised to provide a telecommunications service of overhead telecommunications lines. | |
| Notice in newspaper. | 18. (1) A notice published in accordance with article 17(1)(a) shall be published in a newspaper approved for this purpose in accordance with sub-article (2), shall contain as a heading the name of the planning authority to which the planning application will be made and shall state— (a) the name of the applicant, (b) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), (c) whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission), (d) a brief description of the nature and extent of the development, including - (i) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided, (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure, (iii) where the application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure, an indication of that fact, (iv) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution prevention and control licence or a waste licence, an indication of that fact, or (v) where a planning application relates to development in a strategic development zone, an indication of that fact, and (e) that the planning application may be inspected, or purchased at a fee not exceeding the reasonable cost of making a copy, at the offices of the planning authority during its public opening hours and that a submission or observation in relation to the application may be made to the authority in writing on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt by the authority of the application. (2) (a) For the purposes of these Regulations, each planning authority shall approve a list of the newspapers, including national newspapers, it considers have a sufficiently large circulation in its functional area, and different newspapers may be approved in respect of different parts of such functional area. (b) The list referred to in paragraph (a) shall be reviewed by the planning authority as may be appropriate and at least once a year. (c) The list referred to in paragraph (a) shall be displayed in or at the offices of the planning authority or at any other place or by any other means, including in electronic form, that the authority considers appropriate, and copies shall be made available at the offices of the planning authority during office hours, free of charge. | |
| Site notice. | 19. (1) A site notice erected or fixed on any land or structure in accordance with article 17(1)(b) shall be— (a) in the form set out at Form No. 1 of Schedule 3, or a form substantially to the like effect, (b) subject to sub-article (4), inscribed or printed in indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes, and (c) subject to sub-article (2), securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road, or where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road, and shall not be obscured or concealed at any time. (2) Where the land or structure to which a planning application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure, and shall not be obscured or concealed at any time. (3) Where a planning authority considers that the erection or fixing of a single site notice is not sufficient to comply with the requirements of sub-articles (1) and (2), or does not adequately inform the public, the authority may require the applicant to erect or fix such further site notice or notices in such a manner and in such terms as it may specify and to submit to the authority such evidence as it may specify in relation to compliance with any such requirements. (4) Where a valid planning application is made in respect of any land or structure, and a subsequent application is made within 6 months from the date of making the first-mentioned application in respect of land substantially consisting of the site or part of the site to which the first-mentioned application related, in lieu of the requirements of sub-article (1)(b), the site notice for the subsequent application shall be inscribed or printed in indelible ink on a yellow background and affixed on rigid, durable material and be secured against damage from bad weather and other causes. | |
| Time limits for site notice. | 20. In addition to the requirements of article 17(1)(b), a site notice shall be maintained in position on the land or structure concerned for a period of 5 weeks from the date of receipt of the planning application by the planning authority, shall be renewed or replaced if it is removed or becomes defaced or illegible within that period and shall be removed by the applicant following the notification of the planning authority decision under article 31. | |
| Restriction on outline application. | 21. Notwithstanding section 36 of the Act, an outline application may not be made for permission for — (a) retention of development, (b) development which would consist of or comprise the carrying out of works to a protected structure or a proposed protected structure, or (c) development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence. | |
| Content of planning applications generally. | 22. (1) A planning application under section 34 of the Act shall be in the form set out at Form No. 2 of Schedule 3, or a form substantially to the like effect. (2) A planning application referred to in sub-article (1) shall be accompanied by - (a) the relevant page of the newspaper, or a copy of the relevant page, including the date and title of the newspaper, in which notice of the application has been published pursuant to article 17(1)(a), and a copy of the site notice erected or fixed on the land or structure pursuant to article 17(1)(b), (b) 6 copies of a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale (which shall be identified thereon) of not less than 1:1000 in built up areas and 1:2500 in all other areas, or such other scale as may be agreed with the planning authority prior to the submission of the application, in any particular case and marked so as to identify clearly: (i) the land or structure to which the application relates and the boundaries thereof in red, (ii) any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant or the person who owns the land which is the subject of the application in blue. (iii) any wayleaves in yellow, and (iv) the position of the site notice or notices erected or fixed to the land or structure pursuant to article 17(1)(b), (c) where it is proposed to dispose of wastewater from the proposed development other than to a public sewer, information on the on-site treatment system proposed and evidence as to the suitability of the site for the system proposed, (d) the documents, particulars, plans, drawings and maps referred to in sub-article (4), (e) in the case of an application for permission for the development of houses or of houses and other development, to which section 96 of the Act applies, proposals as to how the applicant proposes to comply with a condition referred to in sub-section (2) of that section to which the permission, if granted, would be subject, (f) where appropriate, a certificate issued by the planning authority in accordance with section 97 of the Act, or if such certificate has been applied for but not issued, a copy of the application made in accordance with article 48, (g) where the applicant is not the legal owner of the land or structure concerned, the written consent of the owner to make the application, and (h) the appropriate fee as set out in Schedule 9. (3) Where the planning authority consents to the making of a planning application wholly or partly in electronic form, an application or any part thereof may be made by the applicant in that form; where that occurs, one copy of the application or part thereof will be sufficient. (4) Subject to articles 24 and 25 - (a) a planning application in respect of any development consisting of or mainly consisting of the carrying out of works on, in, over or under land or for the retention of such works shall be accompanied by 6 copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works to which the application relates, (b) a planning application for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land, or for the retention of any such material change of use, shall be accompanied by- (i) a statement of the existing use and of the use proposed together with particulars of the nature and extent of any such proposed use, (ii) where the development to which the application relates comprises the carrying out of works on, in, over or under the structure or other land, 6 copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works proposed, and (iii) such plans and such other particulars as are necessary to identify the area to which the application relates. (5) Notwithstanding paragraph (a) of sub-article (4), drawings of floor plans are not required to be submitted in respect of a structure, other than a protected structure or a proposed protected structure, that is proposed to be demolished. | |
| Specified additional information to be submitted with application. | 22A. (1) In addition to the information required by article 22, the planning authority may require the applicant to submit with the planning application specified additional information. (2) No planning application shall be invalidated under article 26 for failure to submit with the application any information or particulars requested under sub-article (1). | |
| Requirements for particulars to accompany an application under article 22. | 23. (1) Plans, drawings and maps accompanying a planning application in accordance with article 22 shall all be in metric scale and comply with the following requirements: (a) site or layout plans shall be drawn to a scale (which shall be indicated thereon) of not less than 1:500 or such other scale as may be agreed with the planning authority prior to the submission of the application, the site boundary shall be clearly delineated in red, and buildings, roads, boundaries, septic tanks and percolation areas, bored wells, significant tree stands and other features on, adjoining or in the vicinity of the land or structure to which the application relates shall be shown, (b) other plans, elevations and sections shall be drawn to a scale of not less than 1:200 (which shall be indicated thereon), or such other scale as may be agreed with the planning authority prior to the submission of the application in any particular case, (c) the site layout plan and other plans shall show the level or contours, where applicable, of the land and the proposed structures relative to Ordnance Survey datum or a temporary local benchmark, whichever is more appropriate, (d) drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected, whether on the application site or in the vicinity, at a scale of not less than 1:200, as may be appropriate, and where the development would involve work to a protected structure or proposed protected structure, shall show the main features of any buildings within the curtilage of the structure which would be materially affected by the proposed development, (e) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed, (f) plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the site, and site or layout plans shall indicate the distances of any such structure from the boundaries of the site. (g) any map or plan which is based on an Ordnance Survey map shall indicate the relevant Ordnance Survey sheet number, and (h) the north point shall be indicated on all maps and plans other than drawings of elevations and sections and maps or plans referred to in paragraph (g) of the this sub-article. (2) A planning application for development consisting of or comprising 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, shall, in addition to meeting the requirements of sub-article (1), be accompanied by such photographs, plans and other particulars as are necessary to show how the development would affect the character of the structure. (3) Where a planning authority considers it appropriate it may require an applicant to submit an assessment of the impact of the proposed development on transport in the area, including impact on roads. (4) A planning authority may, by notice in writing, require an applicant to provide additional copies of any plan, drawing, map, photograph or other particular which accompanies the planning application. (5) In addition to the requirements of article 22, a planning authority may request an applicant to provide a scale model of a proposed development including land and buildings in the vicinity, showing the elevations and perspective of the proposed development and any other photographs, plans, maps, drawings or other material or particulars required by the planning authority to assess an application. | |
| Plans and particulars to accompany application for outline permission. | 24. Notwithstanding article 22(2)(d), an outline application shall, in addition to the requirements of article 22(2), be accompanied only by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the siting, layout or other proposals for development in respect of which a decision is sought. | |
| Planning application by electricity undertaking. | 25. (1) Article 22(4) shall not apply to a planning application for development consisting of the construction or erection by an electricity undertaking of overhead transmission or distribution lines for conducting electricity. (2) A planning application referred to in sub-article (1) shall, in addition to the requirements of article 22(2), be accompanied by 6 copies of such plans and drawings drawn to a scale of not less than 1:100, as are necessary to describe any form of structure or apparatus which will support, or form part of, the lines referred to in the said sub-article. (3) (a) A reference to article 22 in any other provision of these Regulations shall, in the case of a planning application referred to in sub-article (1), be construed as a reference to this article. (b) Article 23(1), other than paragraphs (g) and (h) thereof, shall not apply to a planning application referred to in sub-article (1). | |
| Procedure on receipt of planning application. | 26. (1) On receipt of a planning application, a planning authority shall consider whether the applicant has complied with the requirements of articles 18, 19(1)(a) and 22 and, as may be appropriate, of article 24 or 25. (2) Where a planning authority considers that a planning application complies with the requirements of articles 18, 19(1)(a) and 22 and, as may be appropriate, of article 24 or 25, it shall stamp each document with the date of its receipt and send to the applicant an acknowledgement stating the date of receipt of the application. (3) Where, following consideration of an application under sub-article (1), a planning authority considers that- (a) any of the requirements of articles 18, 19(1)(a) or 22 and, as may be appropriate, of article 24 or 25 has not been complied with, or (b) the notice in the newspaper or the site notice, because of its content or for any other reason, is misleading or inadequate for the information of the public, the planning application shall be invalid. (4) Where, on inspection of the land to which the application relates, the planning authority considers that the requirements of articles 17(1)(b), 19 or 20 have not been met, or the information submitted in the planning application is substantially incorrect or substantial information has been omitted, the planning application shall, notwithstanding the fact that an acknowledgement has been sent to an applicant in accordance with sub-article (2), be invalid. (5) A planning authority shall as soon as may be after receipt of an invalid application- (a) by notice in writing- (i) inform the applicant that the application is invalid and cannot be considered by the planning authority, (ii) indicate which requirements of the permission regulations have not been complied with, and (iii) request the applicant to remove the site notice or notices erected or fixed pursuant to article 17(1)(b). (b) return to the applicant the planning application, including all particulars, plans, drawings and maps, and (c) enter an indication on the register that an invalid application has been made. (6) Where a notice is served in accordance with sub-article (5) on an applicant, the planning authority shall return to the applicant any fee paid with the application. (7) Sub-articles (3) and (4) shall not apply where the planning authority is satisfied that the applicant complied with the provisions of articles 17, 18 and 19 but that any site notice erected by the applicant has been maliciously defaced or destroyed by any person other than the applicant. (8) Where a notice is served in accordance with sub-article (5) on an applicant, the planning authority shall by notice in writing— (a) inform any person or body who has made a submission or observation in accordance with article 29(1) of that fact and return any fee paid in respect of any such submission or observation, and (b) inform any body to whom notice was sent in accordance with article 28(2) of that fact. | |
| Weekly list of planning applications. | 27. (1) A planning authority shall, not later than the fifth working day following a particular week, make available in accordance with sub-article (2) a list of the planning applications received by the authority during that week. (2) A list referred to in sub-article (1) shall have a banner heading stating that, under section 34 of the Act, the applications for permission may be granted permission, subject to or without conditions, or refused and shall indicate in respect of each planning application received during the week to which the list relates— (a) the name and address of the applicant, (b) whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission), (c) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), (d) the nature and extent of the development, including- (i) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided, (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and where appropriate, the period for which it is proposed to be retained, (iii) where development relates to a protected structure or a proposed protected structure, an indication of that fact, (iv) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact, (v) where a planning application relates to development in a strategic development zone, an indication of that fact, and (e) the date of receipt of the application. (3) A list referred to in sub-article (1) shall, in addition to the requirements of sub-article (2), indicate any planning application in respect of which— (a) the planning authority has served a notice under article 26(5), (b) further information or evidence or revised plans, drawings or particulars have been received by the planning authority pursuant to a requirement under articles 33 or 34. (4) A planning authority may include in a list referred to in sub-article (1) any other information in respect of planning applications which the authority considers appropriate. (5) (a) The list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available for inspection, be made available in or at the offices of the planning authority, and in each public library and mobile library in the functional area of the authority, in a position convenient for inspection during office hours and at any other place or by any other means, including in electronic form, that the authority considers appropriate. (b) Copies of the list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available, be made available at the offices of the planning authority during office hours, free of charge or for such fee as the authority may fix not exceeding the reasonable cost of making a copy and shall be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the authority may fix. (c) A list referred to in sub-article (1) shall be made available to the members of the planning authority in such manner as they may, by resolution, direct. | |
| Notice to certain bodies. | 28. (1) Where a planning authority receives a planning application, the authority shall, except in the case of an application in respect of which a notice in accordance with article 26(5) has been or will be given, send notice in accordance with sub-article (2) as soon as may be after receipt of the application— (a) where it appears to the authority that the land or structure is situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or that the development or retention of the structure might obstruct any view or prospect of special amenity value or special interest — to An Chomhairle Ealaíon, Fáilte Ireland, and An Taisce — the National Trust for Ireland, (b) where it appears to the authority that the development might obstruct or detract from the value of any tourist amenity or tourist amenity works—to Fáilte Ireland, (c) where it appears to the authority that the development— (i) would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area, (ii) might detract from the appearance of a structure referred to in sub-paragraph (i). (iii) might affect or be unduly close to- (I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest, (II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994 (No. 17 of 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 (No. 17 of 1987), (IV) a national monument in the ownership or guardianship of the Minister under the National Monuments Acts 1930 to 2004, or (iv) might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to in sub-paragraph (iii), – to the Minister, 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 Fáilte Ireland. (d) where it appears to the authority that the area of another local authority might be affected by the development — to that local authority. (e) where it appears to the authority that the development would not be consistent with or would materially contravene any regional planning guidelines (or any objective thereof) of a regional authority—to that regional authority, (f) where it appears to the authority that if permission were granted, a condition should be attached under section 34 (4)(m) of the Act— to any local authority (other than the planning authority) who would be affected by any such condition, (g) where it appears to the authority that - (i) the development might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial, (ii) the development might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution, or (iii) the development would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters, —to the appropriate Regional Fisheries Board and, in any case where the waters concerned are listed in Part 1 of Annex 1 of the Schedule to the British-Irish Agreement Act, 1999 (No. 1 of 1999), to Waterways Ireland, (h) where it appears to the authority that the development might endanger or interfere with the safety of, or the safe and efficient navigation of aircraft — to the Irish Aviation Authority, (i) 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 — to the airport operator, (j) where the development may have an impact on bus or rail-based transport, Córas Iompair Éireann and the Railway Procurement Agency, as appropriate, (k) where it appears to the authority that - (i) the development consists of or comprises the formation, laying out or material widening of an access to a national road within the meaning of section 2 of the Roads Act 1993 (No. 14 of 1993), not being a national road within a built-up area within the meaning of section 45 of the Road Traffic Act 1961 , or (ii) the development might give rise to a significant increase in the volume of traffic using a national road, — to the National Roads Authority, (l) where the development might significantly impact on surface transport in the Greater Dublin Area, the Dublin Transportation Office (or any body that replaces that office), (m) where the development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence— to the Environmental Protection Agency, (n) where it appears to the authority that the development might have significant effects in relation to nature conservation—to the Heritage Council, the Minister and An Taisce - the National Trust for Ireland, (o) where the development is in a Gaeltacht area and it appears to the authority that it might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language — to the Minister for Community, Rural and Gaeltacht Affairs and Údarás na Gaeltacht, (p) where the development is in the vicinity of an explosives factory, storage magazine or local authority explosives store—to the Minister for Justice, Equality and Law Reform, (q) where the application relates to development for the purposes of breeding or rearing of salmonid fish — to the Minister for Communications, Marine and Natural Resources and the appropriate Regional Fisheries Board, (r) where the application relates to development for the purposes of initial afforestation or the replacement of broadleaf high forest by conifer species — to the Minister for Agriculture and Food, The Heritage Council and An Taisce - the National Trust for Ireland, (s) where it appears to the authority that the development might have significant effects on public health — to the Health Service Executive. (t) where the application relates to extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1995 — to the Minister for Communications, Marine and Natural Resources. (u) where it appears to the authority that the development might impact on the foreshore—to the Minister for Communications. Marine and Natural Resources, (v) where the application relates to the development of energy infrastructure, or may have an impact on energy infrastructure — the Commission for Energy Regulation, (w) where the development might - (i) give rise to a significant increase in the volume or type of traffic (including construction traffic) passing under a height restricted railway bridge, or using a railway level crossing, or a bridge over a railway, (ii) because of its proximity to a railway, impact on the structural integrity of railway infrastructure during construction of the development, or (iii) endanger or interfere with the safe operation of a railway, during or after construction - to the railway operator, the Railway Safety Commission, and, in the case of development which might impact on a light railway or metro, the Railway Procurement Agency, (x) where the application relates to- (i) the extraction of minerals, other than minerals within the meaning of the Minerals Development Acts 1940-1999, whether by surface or underground means, (ii) the development of, or extensions to, quarries, including sand or gravel pits, for the extraction of earth materials, or (iii) a development which, for other purposes, requires the excavation of earth materials greater than a total volume of 50,000m^3 or the excavation of earth materials on a site area greater than 1 hectare - to the Minister for Communications, Marine and Natural Resources. (2) Notice given by a planning authority pursuant to sub-article (1) shall include a copy of the planning application referred to in article 22(1) and of the location map referred to in article 22(2)(b) and shall state- (a) the date of receipt by the authority of the application, and (b) that any submission or observation made to the authority in relation to the application before the decision is made on the application will be taken into account by the authority in making its decision on the application. (3) Where a prescribed body which has been notified under sub-article (2) requests a copy of some or all of the documentation accompanying the planning application the planning authority shall make that documentation available to the prescribed body as soon as possible. (4) A reference in sub-article (1) to Fáilte Ireland shall, in the case of a planning application relating to land or a structure situated in the functional area of the Shannon Free Airport Development Company Limited, be construed as a reference to that Company. (5) The planning authority shall acknowledge any submissions or observations as soon as may be after receipt in the form set out at Form No. 3 of Schedule 3, or a form substantially to the like effect. (6) Where a prescribed body to whom notice is sent pursuant to sub-article (1) does not make a submission or observation in relation to an application within a period of 5 weeks beginning on the date of receipt by the planning authority of the application, the authority may determine the application without further notice to that body. (7) (a) A planning authority may, with the consent of any person or body referred to in sub-article (1), send notice under that sub-article, in electronic form. (b) Where the planning authority so consents, a submission or observation refereed to in sub-article (2)(b) may be made in electronic form. | |
| Submissions or observations in relation to planning application. | 29. (1) (a) Any person or body, on payment of the prescribed fee, may make a submission or observation in writing to a planning authority in relation to a planning application within the period of 5 weeks beginning on the date of receipt by the authority of the application. (b) Any submission or observation received shall - (i) state the name and address, and telephone number and e-mail address, if any, of the person or body making the submission or observation, and (ii) indicate the address to which any correspondence relating to the application should be sent. (2) Subject to article 26, the planning authority shall acknowledge any submissions or observations as soon as may be after receipt in the form set out at Form No. 3 of Schedule 3. or a form substantially to the like effect. (3) Where a submission or observation, under this article, is received by the planning authority after the period of 5 weeks beginning on the date of receipt of the application, the planning authority shall return to the person or body concerned the submission or observation received and the fee and notify the person or body that their submission or observation cannot be considered by the planning authority. (4) Where the planning authority so consents, a submission or observation under sub-article (1) may be made in electronic form. | |
| Allowance for public holidays, etc. | 29A. Where a requirement of these regulations requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted to the planning authority within a specified period and the last day of that period is a public holiday (within the meaning of the Organisation of Working Time Act, 1997 ) or any other day on which the offices of the planning authority are closed, the submissions, observations or request or documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the authority on the next following day on which the offices of the authority are open. | |
| Minimum period for determination of planning application. | 30. A planning authority shall not determine an application for permission until after a period of 5 weeks, beginning on the date of receipt of an application, has elapsed. | |
| Notification of decision on planning application. | 31. Notification of a decision by a planning authority in respect of a planning application shall be given to the applicant and to any other person or body who made a submission or observation in accordance with articles 28 or 29 within 3 working days of the day of the decision and shall specify— (a) the reference number of the application in the register. (b) the development to which the decision relates, (c) the nature of the decision, (d) the date of the decision, (e) in the case of a decision to grant a permission - any conditions attached thereto, (f) the main reasons and considerations on which the decision is based, and, where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in section 34(4) of the Act, a reference to the paragraph of sub-section (4) in which the condition is described shall be sufficient to meet the requirements of this sub-article, (g) that in deciding a planning application the planning authority, in accordance with section 34(3) of the Act, has regard to submissions or observations received in accordance with these Regulations, (h) in the case of a decision to grant a permission for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used — such purposes, (i) in the case of a decision to grant a permission — any period specified by the planning authority pursuant to section 40 of the Act as the period during which the permission is to have effect, (j) in the case of a decision to grant a permission - that the permission shall be issued as soon as may be, but not earlier than 3 working days, after the expiration of the period for the making of an appeal if there is no appeal before the Board on the expiration of the said period, (k) that an appeal against the decision may be made to the Board within the period of 4 weeks beginning on the date of the decision of the planning authority, and (l) in the case of a decision to grant or refuse a permission where the decision by the planning authority is different, in relation to the granting or refusal of permission, from the recommendation in the report or reports on a planning application to the manager (or such other person delegated to make the decision) - the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission. | |
| Weekly list of planning decisions. | 32. (1) A planning authority shall, not later than the fifth working day following a particular week, make available in accordance with sub-article (2) a list of the planning applications in respect of which decisions were given by the authority during that week. (2) A list referred to in sub-article (1) shall have a banner heading stating that in deciding a planning application the planning authority, in accordance with section 34(3) of the Act, has had regard to submissions or observations received in accordance with these Regulations and shall indicate, in addition to the matters specified in article 27(2), the nature of the decision of the planning authority in respect of the application. (3) A planning authority may include, in a list referred to in sub-article (1), any other information on decisions in respect of planning applications which the authority considers appropriate. (4) (a) The list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available, be made available in or at the offices of the planning authority, and in each public library and mobile library in the functional area of the authority, in a position convenient for inspection during office hours and at any other place or by any other means, including in electronic form, that the authority considers appropriate. (b) Copies of the list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available, be made available at the offices of the planning authority during office hours, free of charge, or for such fee as the authority may fix not exceeding the reasonable cost of making a copy, and shall be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the authority may fix. (c) A list referred to in sub-article (1) shall be made available to the members of the planning authority in such manner as they may by resolution direct. | |
| Chapter 2 Permission Regulations - Further information and other matters | Chapter 2 Permission Regulations - Further information and other matters | |
| Further information. | 33. (1) Where a planning authority acknowledges receipt of a planning application in accordance with article 26, it may, by notice in writing, within 8 weeks of receipt of the planning application, require the applicant— (a) to submit any further information (including any plans, maps or drawings, or any information as to any estate or interest in or right over land), which the authority considers necessary to enable it to deal with the application, or (b) to produce any evidence which the authority may reasonably require to verify any particulars or information given in, or in relation to, the application. (2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information or evidence save - (a) as may be reasonably necessary to clarify the matters dealt with in the applicant's response to a requirement to submit further information or evidence or to enable them to be considered or assessed, or (b) where a request for further information is made under article 108(2) or 128(1). (3) Where a requirement under sub-article (1) or sub-article (2) is not complied with within the period of 6 months from the date of requirement for further information, or such additional period, not exceeding 3 months, as may be agreed by the planning authority, the planning application shall be declared to be withdrawn and the planning authority shall, as soon as may be, notify the applicant that the application has been declared to be withdrawn and enter an indication that the application has been declared to be withdrawn into the register. | |
| Revised plans. | 34. (1) Where the planning authority, having considered a planning application, is disposed to grant a permission subject to any modification of the development, it may within 8 weeks of receipt of the application, invite the applicant to submit to it revised plans or other drawings modifying, or other particulars providing for the modification of, the said development. (2) Where the applicant wishes to avail of the opportunity to submit the revised plans, drawings or particulars referred to in sub-article (1) of this article, he shall, in writing and within such time limit as may be specified by the planning authority, not being later than 8 weeks from receipt of the application, indicate that he intends to submit such plans, drawings or particulars. (3) Where the applicant indicates in writing, under sub-article (2) of this article, that he or she intends to submit the plans, drawings or particulars referred to in sub-article (1) of this article, he shall, at the same time and in writing, consent, under section 34(9) of the Act, to the extension of the period for making a decision under section 34(8) of the Act. | |
| Notice of further information or revised plans. | 35. (1) Where a planning authority receives further information or evidence following a request under article 33, or revised plans, drawings or particulars following a request under article 34, or otherwise receives further information, evidence, revised plans, drawings or particulars in relation to the application, and it considers that the information, evidence, revised plans, drawings or particulars received, as appropriate, contain significant additional data, including information in relation to effects on the environment, the authority shall- (a) require the applicant, within a specified period, to publish a notice in an approved newspaper, containing as a heading the name of the planning authority, marked “Further Information” or “Revised Plans”, as appropriate, and stating - (i) the name of the applicant, (ii) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), (iii) the reference number of the application on the register, (iv) that significant further information or revised plans, as appropriate, in relation to the application has or have been furnished to the planning authority, and is or are available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the authority during its public opening hours, and (v) that a submission or observation in relation to the further information or revised plans may be made in writing to the planning authority on payment of the prescribed fee, not later than 2 weeks after the receipt of the newspaper notice and site notice by the planning authority under (a) and (b) of this sub-article or, in the case of a planning application accompanied by an EIS, within 5 weeks of receipt of such notices by the planning authority, and to submit a copy of the notice to the planning authority, (b) require the applicant, within the period specified in (a) of this sub-article for publication of the newspaper notice, to erect or fix a site notice on the land or structure to which the further information relates, in the form set out in Form No. 4 of Schedule 3 or a form substantially to the like effect and to submit a copy of the notice to the planning authority, (c) as soon as may be, send notice and a copy of the further information, evidence, revised plans, drawings or particulars, to any person or body specified in article 28, as appropriate, indicating that a submission or observation in relation to the further information or evidence or revised plans, drawings or particulars received may be made in writing to the authority not later than 2 weeks after receipt of the newspaper notice and site notice by the planning authority within the period specified in paragraph (a), (d) as soon as may be, notify any person who made a submission or observation in relation to the planning application in accordance with article 29(1), indicating- (i) that significant further information or revised plans, as appropriate, in relation to the application has or have been furnished to the planning authority, and is or are available for inspection or purchase at a fee not exceeding the cost of making a copy, at the offices of the authority during its public opening hours, (ii) that a submission or observation in relation to the further information or evidence or revised plans, drawings or particulars received may be made in writing to the authority within the period specified in paragraph (a), (iii) that no fee or further fee shall be payable on condition that any submission or observation referred to in sub-paragraph (ii) is accompanied by a copy of the acknowledgement by the authority of the receipt of a submission or observation referred to in article 29. (2) Where a planning authority considers that the notices published in accordance with sub-article (1)(a) and (b) do not adequately inform the public, the authority may require the applicant to give such further notices in such a manner and in such terms as the authority may specify. (3) Sub-articles (1)(b) and (c), (2) and (3) of article 19 shall apply to a site notice erected or fixed under sub-article (1)(b). (4) (a) The 4 week period referred to in section 34(8)(b) of the Act shall not, in a case where the planning authority considers that the further information, evidence, revised plans, drawings or particulars received contain significant additional data, commence until the planning authority has received the notices referred to in sub-article (1) (a) and (b). (b) The 8 week period referred to in section 34(8)(c) of the Act shall not commence until the planning authority has received the notices referred to in sub-article (1)(a) and (b). (5) The planning authority shall as soon as may be acknowledge receipt of any submissions or observations referred to in sub-article (1)(a)(v) in the form set out at Form No. 3 of Schedule 3, or a form substantially to the like effect. (6) (a) A planning authority may, with the consent of any person or body referred to in sub-article (1), send notice under that sub-article, in electronic form. (b) Where the planning authority so consents, a submission or observation referred to in sub-article (1) may be made in electronic form. | |
| Prescribed notice for material contravention. | 36. (1) Form No. 5 of Schedule 3, or a form substantially to the like effect, shall be the prescribed form of the notice of the intention of a planning authority to consider deciding to grant a permission in a case where the development concerned would contravene materially the development plan. (2) Any person or body may make a submission or observation in writing to a planning authority as regards the making of a decision to grant planning permission in accordance with section 34(6) of the Act not later than 4 weeks after the first publication of the notice referred to in sub-article (1). (3) Any submission or observation made in accordance with sub-article (2) shall- (a) state the name and address, and telephone number and e-mail address, if any, of the person or body making the submission or observation, and (b) indicate the address to which any correspondence relating to the application should be sent. (4) The planning authority shall acknowledge in writing the receipt of any submission or observation referred to in sub-article (1) as soon as may be following receipt of the submission or observation. (5) Where a submission or observation is received by the planning authority after the period of 4 weeks after the first publication of the notice referred to in sub-article (1), the planning authority shall return to the person or body concerned the submission or observation received and notify the person or body that their submission or observation cannot be considered by the planning authority. | |
| Withdrawal of planning application. | 37. (1) A planning application may be withdrawn, by notice in writing, at any time before the giving of the decision of the planning authority in respect of the application. (2) The planning authority shall, as soon as may be after the withdrawal of a planning application give notice in writing to any person or body who made a submission or observation on the application in accordance with these Regulations of the fact of the withdrawal. | |
| Provision of forms and instructions. | 38. (1) A planning authority may provide forms and instructions for the convenience or information of any persons intending to make a planning application. (2) The Minister may prepare and publish instructions for the use and guidance of planning authorities in dealing with planning applications. | |
| Provision of certain information to Minister. | 39. Planning authorities shall provide such information in relation to the development management system, including information in relation to planning applications, fees, decisions and enforcement, as may be requested by the Minister or the Central Statistics Office from time to time and such information shall be provided in such format and within such time period as may be specified by the Minister or that Office. | |
| Chapter 3 Extension of duration of planning permission | Chapter 3 Extension of duration of planning permission | |
| Interpretation for this Chapter. | 40. (1) In this Chapter, the “appropriate period” has the same meaning assigned to it by section 40(3) of the Act. (2) In this Chapter, any reference to a decision to extend or extend further the appropriate period as regards a particular permission shall include a reference to such a decision which is deemed to have been given by virtue of section 42(2) of the Act and cognate expressions shall be construed accordingly. | |
| Time limits for extensions of time. | 41. An application under section 42 of the Act to extend or extend further the appropriate period as regards a particular permission shall be made not earlier than one year before the expiration of the appropriate period sought to be extended or extended further. | |
| Content of application to extend appropriate period. | 42. An application under section 42 of the Act to extend the appropriate period as regards a particular permission shall be made in writing, shall be accompanied by the prescribed fee as prescribed by Article 170 of these Regulations and shall contain the following particulars— (a) the name and address, and telephone number and e-mail address, if any, of the applicant and of the person, if any, acting on behalf of the applicant, (b) the address to which any correspondence relating to the application should be sent, (c) the location, townland or postal address of the land or structure concerned, as may be appropriate, (d) the legal interest in the land or structure held by the applicant, (e) the development to which the permission relates, (f) the date of the permission and its reference number in the register, (g) the date on which the permission will cease to have effect, (h) the date of commencement of the development to which the permission relates, (i) particulars of the substantial works carried out or which will be carried out pursuant to the permission before the expiration of the appropriate period, (j) the additional period by which the permission is sought to be extended, and (k) the date on which the development is expected to be completed. | |
| Content of application to further extend appropriate period. | 43. An application under section 42 of the Act to extend further the appropriate period as regards a particular permission shall be made in writing and shall contain the particulars referred to at paragraphs (a) to (h) inclusive of article 42 and the following additional particulars— (a) particulars of the works (if any) carried out pursuant to the permission since the permission was extended or further extended, (b) the period by which the permission is sought to be extended further, (c) the date on which the development is expected to be completed, and (d) the circumstances beyond the control of the person carrying out the development due to which the development has not been completed. | |
| Procedure on receipt of application to extend appropriate period. | 44. (1) On receipt of an application to extend or extend further the appropriate period as regards a particular permission, a planning authority shall— (a) stamp the documents with the date of their receipt, and (b) consider whether the application complies with the requirements of article 42 or 43, as the case may require. (2) (a) Where a planning authority considers that an application to extend or extend further the appropriate period as regards a particular permission complies with the requirements of article 42 or 43, as may be appropriate, the authority shall send to the applicant an acknowledgement stating the date of receipt of the application. (b) Where a planning authority considers that an application to extend or extend further the appropriate period as regards a particular permission does not comply with the requirements of article 42 or 43, as may be appropriate, the authority shall, by notice in writing, require the applicant to furnish such further particulars as may be necessary to comply with the said requirements. | |
| Further information. | 45. (1) Where a planning authority receives an application to extend or extend further the appropriate period as regards a particular permission, the authority may, by notice in writing, require the applicant— (a) to submit such further information as it may require to consider the application (including any information regarding any estate or interest in or right over land), or (b) to produce any evidence which it may reasonably require to verify any particulars or information given in or in relation to the application. (2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information, particulars or evidence save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable those matters to be considered or assessed. (3) Where an applicant does not comply with any requirement under this article within 4 weeks of such requirement, the planning authority shall refuse the application. | |
| Notification of decision on application. | 46. Every notification given by a planning authority of a decision on an application to extend or extend further the appropriate period as regards a particular permission shall specify— (a) the date of the permission and its reference number in the register, (b) the location of the land, townland or postal address of the land or structure to which the permission relates (as may be appropriate), (c) the development to which the decision relates, (d) the date of the decision, (e) the nature of the decision, (f) in the case of a decision to extend or extend further the appropriate period, the additional period by which that period has been extended, and (g) in the case of a decision to refuse to extend or extend further the appropriate period, the reasons for such refusal. | |
| Weekly list. | 47. (1) The list made available by the planning authority in accordance with article 27 shall, in addition to the requirements of that article, include a list of any application under section 42 of the Act to extend or extend further the appropriate period received by the authority during that week. (2) A list referred to in sub-article (1) shall indicate in respect of each application received during the week to which the application relates- (a) the name and address of the applicant, (b) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), and (c) the date of receipt of the application. (3) The list made available by the planning authority in accordance with article 32 shall, in addition to the requirements of that article, include a list of any decision in respect of an application under section 42 of the Act to extend or extend further the appropriate period made by the authority during that week. (4) A list referred to in sub-article (3) shall indicate in respect of each decision referred to in that sub-article- (a) the name and address of the applicant, (b) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), (c) the date of the decision on the application, and (d) the nature of the decision made.”. |
Amendment of Article 52 of the Regulations.
9.
9. Article 52(d) of the Regulations is amended by the substitution of “Fáilte Ireland” for “Bord Fáilte Éireann”.
Amendment of Article 55 of the Regulations.
10.
10. Article 55 of the Regulations is amended
- (a) by the substitution of “the Minister” for “the Minister for Arts, Heritage, Gaeltacht and the Islands”, and
- (b) the substitution of “Fáilte Ireland” for “Bord Fáilte Éireann”.
Amendment of Article 64 of the Regulations.
11.
11. Article 64 of the Regulations of 2001 is substituted by the following article:
“64. (1) The prescribed organisations for the purposes of section 106(1)(a) of the Act shall be -
(a) the Irish Planning Institute,
(b) the Royal Town Planning Institute Irish Branch — Southern Section,
(c) the Institution of Engineers of Ireland.
(d) the Society of Chartered Surveyors in the Republic of Ireland,
(e) the Royal Institute of the Architects of Ireland,
(f) the Association of Consulting Engineers of Ireland, and
(g) the Irish Landscape Institute.
(2) The prescribed organisations for the purposes of section 106(1)(b) of the Act shall be -
(a) the Construction Industry Federation,
(b) Forfás,
(c) the Irish Business and Employers' Confederation,
(d) Chambers Ireland,
(e) the Irish Auctioneers and Valuers Institute,
(f) the Institute of Professional Auctioneers and Valuers,
(g) Fáilte Ireland,
(h) the International Centre for Local and Regional Development, and
(i) Údarás na Gaeltachta.
(3) The prescribed organisations for the purposes of section 106(1)(c) of the Act shall be -
(a) the County and City Managers' Association,
(b) the Association of County and City Councils,
(c) the Association of Municipal Authorities of Ireland,
(d) the Local Authority Members' Association,
(e) the Institute of Public Administration.
(f) the Irish Farmers' Association,
(g) the Irish Creamery Milk Suppliers' Association, and
(h) the Irish Congress of Trade Unions
(4) The prescribed organisations for the purposes of section 106(1)(d) of the Act shall be -
(a) An Taisce — the National Trust for Ireland,
(b) the Heritage Council,
(c) the Combat Poverty Agency,
(d) the Irish Council for Social Housing,
(e) the National Women's Council,
(f) the Irish Countrywomen's Association,
(g) People with Disabilities in Ireland,
(h) Comhar - the National Sustainable Development Partnership,
(i) the Institute of Archaeologists of Ireland,
(j) Comhdháil Náisiúnta na Gaeilge,
(k) the National Disability Authority,
(l) the National Youth Council of Ireland, and
(m) the Irish Rural Dwellers Association.”.
Amendment of Article 67 of the Regulations.
12.
12. Article 67 of the Regulations is amended by substituting sub-article (a) in the definition for “relevant persons” with the following:
- “(a) in the case of an oral hearing under section 134(1) of the Act, the parties to the appeal or referral or the applicant for permission for a strategic infrastructure development, and any persons who have made submissions or observations to the Board in relation to the application, appeal or referral in accordance with the provisions of the Act or these regulations,”
Amendment of Article 68 of the Regulations.
13.
13. Article 68 of the Regulations is amended by the insertion after “inspection” of “or purchase at a fee not exceeding the reasonable cost of making a copy”.
Substitution of Article 72 of the Regulations.
14.
14. Article 72 of the Regulations is substituted by the following article:
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