Legalize / Ireland / Statutory Instrument

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State In force superseded text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

Reform history JSON API

“72. (1) The Board shall, not later than the third working day following a particular week, make available a list of

(a) the appeals and referrals received by the Board,

(b) the appeals and referrals determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 139 of the Act,

(c) the applications for approval under section 175(3) and section 215 of the Act received by the Board, and

(d) the applications for approval under section 175(3) and section 215 of the Act determined or otherwise disposed of by the Board during that week.

(2) A list referred to in sub-article (1) shall indicate in respect of appeals under section 37 of the Act received by the Board during the week to which the list relates that, under section 34 of the Act, the applications may be granted permission, subject to or without conditions, or refused and shall also indicate in respect of each appeal -

(a) the name of the appellant,

(b) the date on which the appeal was received by the Board,

(c) the reference number of the appeal,

(d) the nature and location of the development to which the appeal relates,

(e) the name of the planning authority and the reference number of the planning application concerned in the register of the authority,

(f) the name of the person by or on behalf of whom the planning application was made.

(3) A list referred to in sub-article (1) shall indicate, in respect of appeals under section 37 of the Act determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 139 of the Act during the week to which the list relates, that in accordance with section 34(3) of the Act, the Board in making decisions on appeals under section 37 has regard to submissions or observations received and shall also indicate in respect of each appeal-

(a) the reference number of the appeal,

(b) the nature and location of the development to which the appeal relates,

(c) the name of the planning authority and the reference number of the planning application concerned in the register of the planning authority,

(d) the name of the person by or on behalf of whom the planning application was made,

(e) in the case of an appeal determined by the Board, the nature of the decision of the Board and the date of the order of the Board in relation to the appeal,

(f) in the case of an appeal dismissed by the Board, an indication of that fact and the date of the order of the Board in relation to the appeal,

(g) in the case of an appeal which has been withdrawn, an indication of that fact and the date on which it was withdrawn,

(h) in the case of an appeal in relation to which a direction has been given by the Board pursuant to section 139 of the Act, an indication of that fact and the date of the order of the Board in relation to the appeal.

(4) A list referred to in sub-article (1) shall indicate in respect of each of the appeals (other than appeals under section 37 of the Act) and referrals received by the Board during the week to which the list relates-

(a) the name of the appellant or person making the referral, as appropriate,

(b) the reference number of the appeal or referral,

(c) the nature of the appeal or referral, and

(d) the date on which the appeal or referral was received by the Board.

(5) A list referred to in sub-article (1) shall indicate, in respect of each appeal (other than an appeal under section 37 of the Act) or referral determined, dismissed or withdrawn during the week to which the list relates, —

(a) the nature of the appeal or referral,

(b) in the case of an appeal or referral determined by the Board, the nature of the decision of the Board and the date of the order of the Board in relation to the appeal or referral,

(c) in the case of an appeal or referral dismissed by the Board, an indication of that fact and the date of the order of the Board in relation to the appeal or referral, or

(d) in the case of an appeal or referral which has been withdrawn, an indication of that fact and the date on which it was withdrawn.

(6) A list referred to in sub-article (1)(c) shall indicate, in respect of applications for approval under section 175(3) and section 215 of the Act received by the Board during the week to which the list relates that the Board may approve the applications subject to or without conditions, or refuse the applications and shall also indicate in respect of each application -

(a) the reference number of the application for approval,

(b) the name of the local authority or road authority,

(c) the nature and location of the development, and

(d) that the application for approval is accompanied by an EIS.

(7) A list referred to in sub-article (1) shall indicate, in respect of applications for approval under section 175(3) and section 215 of the Act determined by the Board during the week to which the list relates that the Board in determining applications for approval has regard to submissions or observations received and shall also indicate in respect of each application for approval -

(a) the reference number of the application for approval,

(b) the name of the local authority or road authority,

(c) the nature and location of the development, and

(d) the nature of the decision of the Board and the date of the order of the Board in relation to the application for approval

(8) The Board may include in a list referred to in sub-article (1) any information which the Board considers appropriate in relation to matters before, or to be determined by, the Board under the Act or any other enactment.

(9) A list referred to in sub-article (1) shall, for a period of not less than 4 weeks beginning on the day on which it is made available, be displayed in or at the offices of the Board in a position convenient for inspection during office hours or by any other means, including in electronic form, that the Board considers appropriate.

(10)(a) Copies of a list referred to in sub-article (1) shall, during the period of 4 weeks referred to in sub-article (7), be made available at the offices of the Board during office hours, free of charge or for such fee as the Board may fix not exceeding the reasonable cost of making a copy.
- (b) A copy of a list referred to in sub-article (1) shall, during the period of 4 weeks as aforesaid, be sent (including by electronic means), on request, to any person or body, free of charge or for such fee not exceeding the reasonable cost of making a copy and the cost of postage, as the Board may fix.

  Amendment of Article 74 of the Regulations.

15.

15. Article 74(2) of the Regulations is substituted by the following sub-article

“(2) A notice referred to in sub-article (1) of a decision on an appeal under section 37 of the Act shall specify-

(a) the reference number of the appeal,

(b) the reference number of the planning application concerned in the register of the planning authority,

(c) the date of the order of the Board in relation to the appeal,

(d) the development to which the decision relates,

(e) the nature of the decision and the main reasons and considerations on which the decision is based,

(f) in the case of a decision to grant a permission subject to conditions - any conditions to which the permission is subject and 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 the said subsection (4) in which the condition is described shall be sufficient,

(g) in the case of a decision to grant a permission for a structure — any purpose for which the structure may or may not be used,

(h) in the case of a decision to grant a permission — any condition specifying points of detail relating to a grant of permission to be agreed by the planning authority and the person to whom the permission is granted,

(i) in the case of a decision to grant a permission — any period specified by the Board pursuant to section 41 of the Act as the period during which the permission is to have effect,

(j) that in making a decision on an appeal the Board, in accordance with section 34(3) of the Act, has regard to submissions or observations received in accordance with these Regulations,

(k) in the case of a decision to grant or refuse a permission where the decision by the Board is different, in relation to the granting or refusal of permission, from the recommendation of the report of a person assigned to report on an appeal on behalf of the Board — the main reasons for not accepting such recommendation, and

(l) in the case of a decision to grant a permission for a development which materially contravenes the development plan where the planning authority had refused a permission on that ground — the main reasons and considerations for materially contravening the development plan.

Amendment of Article 76 of the Regulations.

16.

16. Article 76 of the Regulations is substituted by the following Article:

“76.(1) Where the Board decides to hold an oral hearing, the Board —

(a) shall inform relevant persons and any other person or body which it considers appropriate and give such persons and bodies not less than 5 working days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all such persons or bodies,

(b) shall make available for inspection at its offices and at the offices of the local authority or planning authority, as appropriate, a copy of any correspondence, documents, particulars or other information received from any relevant persons in accordance with the provisions of the Act or these Regulations for a period commencing not later than 7 days before the commencement of the oral hearing and ending on the last day of the oral hearing, and

(c) shall make available for inspection at the place the oral hearing is held a copy of any correspondence and other information referred to in paragraph (b) for the duration of the oral hearing.

(2) The provisions of paragraphs (b) and (c) of sub-article (1) shall not require the Board to make available models or such other information or particulars as may be determined by the Board at the offices of the local authority or planning authority or at the place of the holding of the oral hearing where the making available of models or other information or particulars would lead to undue administrative or technical difficulties.

(3) The Board may, where it considers appropriate, give any person or body informed of the holding of an oral hearing under sub-article (1)(a) a copy of any correspondence, documents, particulars or other information received from relevant persons in accordance with the provisions of the Act or these Regulations.

(4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give relevant persons and any other person or body informed of the holding of an oral hearing under sub-article (1) notice of not less than 3 working days of the new time and place or such shorter notice as may be accepted by all such persons or bodies.”

Amendment of Article 81 of the Regulations.

17.

17. (1) Article 81(2)(c)(ii) is amended by the deletion of “or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan”.

(2) Article 81(2)(d)(i) is amended by:

(a) the insertion after “inspection” of “or purchase at a fee not exceeding the reasonable cost of making a copy”, and

(b) the substitution of “not less than 6 weeks” for “not less than 4 weeks”.

Amendment of Article 82 of the Regulations.

18.

18. (1) Article 82(3) of the Regulations is substituted by the following:

(3)
(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,

(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 1994, or

(iv) might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to in sub-paragraph (iii),

— to the Minister, 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 — to 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 Gaeltachta,

(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 it appears to the authority that the development might have significant effects on public health — to the Health Service Executive,

(r) 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,

(s) where it appears to the authority that the development might impact on the foreshore — to the Minister for Communications, Marine and Natural Resources,

(t) 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,

(u) 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) Article 82(4) of the Regulations is amended by the substitution of “Fáilte Ireland” for “Bord Fáilte Éireann”.

Amendment of Article 83 of the Regulations.

19.

19. Article 83(2) of the Regulations is amended by the substitution of “, on payment of a specified fee not exceeding the reasonable cost of making such a copy, a copy of the documents referred to in sub-article (1) and” for “on payment of a specified fee not exceeding the reasonable cost of making such a copy”.

Amendment of Article 87 of the Regulations.

20.

20. (1) Article 87(1) of the Regulations is substituted by the following:

“(1) This article shall apply to the classes of development specified in article 86(1)(a), (b) or (c) other than —

(a) development consisting of the construction or erection of such temporary structures for the purposes of or in connection with the operations of the Defence Forces or An Garda Síochána as are urgently required for reasons of national security, or

(b) development identified as likely to have significant effects on the environment in accordance with section 176 of the Act,

and the development to which this article applies is hereafter in this Part referred to as “proposed development.”.

(2) Articles 87(3)(c)(ii) and (4)(a)(iv)(II) of the Regulations are amended by the deletion of “or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan”.

Amendment of Article 88 of the Regulations.

21.

21. Article 88(2) of the Regulations is amended by:

(a) the deletion in paragraph (b) of “or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan”, and

(b) the substitution of “the Minister” for “the Minister for Arts, Heritage, Gaeltacht and the Islands”.

Amendment of Article 89 of the Regulations.

22.

22. Article 89 of the Regulations is amended:

(a) by the substitution of “6 weeks” for “4 weeks”, and

(b) in paragraph (b), by the substitution of “1:2500” for “1:1250”.

Amendment of Article 92 of the Regulations.

23.

23. Article 92 of the Regulations is amended by inserting the following after the definition for “application for approval”:

“ ‘application for strategic infrastructure’ means an application for permission under section 37E or an application for approval under sections 181A, 182A or 182C of the Act in respect of a strategic infrastructure development;”.

Amendment of Article 95 of the Regulations.

24.

24. (1) Article 95(1)(b) of the Regulations is substituted by the following paragraph:

“(b) the location, townland or postal address of the land or structure to which the request relates (as may be appropriate), and shall include a location map marked so as to clearly identify,

(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, and

(iii) any wayleaves in yellow,”.

(2) Article 95(2) is substituted by the following:

“(2)

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

(i) give notice of having received the request to:

(I) the Minister for the Environment, Heritage and Local Government,

(II) the Environmental Protection Agency,

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

(IV) in the case of the Board, the relevant planning authority,

(V) in the case of a planning authority, the Board, and

(VI) any other body referred to in article 28, as appropriate,

indicating that a submission or observation in relation to the information to be contained in the EIS may be made to the authority or the Board, as appropriate, within 4 weeks beginning on the date of the notice, and

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

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

(c) A notice under paragraphs (a)(i) and (ii) in respect of the same request shall be issued on the same date.

Amendment of Article 103 of the Regulations.

25.

25. Article 103(3) is amended by the insertion after “Schedule 7” of “and the decision of the planning authority, including the main reasons and considerations on which the decision is based, shall be placed and kept with the documents relating to the planning application”.

Amendment of Article 105 of the Regulations.

26.

26. Article 105 of the Regulations is amended by the insertion of the following sub-article after sub-article (4):

“(5) The planning authority shall as soon as may be acknowledge in writing the receipt of any submissions or observations referred to in sub-article (2)(g).”

Amendment of Article 112 of the Regulations.

27.

27. Article 112(1) of the Regulations is substituted by the following sub-article:

“(1) The Board shall publish, in at least one approved newspaper, notice of any appeal in respect of which it has requested and received an EIS under article 109.”.

Amendment of Article 120 of the Regulations.

28.

28. Article 120(7) is amended by the substitution of “make the said decision available for inspection in accordance with that article” with “make the decision, including the main reasons and consideration on which the decision is based, available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy, in accordance with that article”.

Amendment of Article 121 of the Regulations.

29.

29. (1) Article 121(1) of the Regulations is substituted by the following-

(1)(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,

(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,

(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, to Córas Iompair Éireann and the Railway Procurement Agency, as appropriate,

(k) where it appears to the authority that —

a. 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

b. 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 Gaeltachta.

(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 it appears to the authority that the development might have significant effects on public health — to the Health Service Executive,

(r) 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.

(s) where it appears to the authority that the development might impact on the foreshore — to the Minister for Communications, Marine and Natural Resources,

(t) 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.

(u) 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 50,000 m^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) Article 121(2) of the Regulations is amended by the substitution of “Fáilte Ireland” for “Bord Fáilte Éireann”.

Amendment of Article 123 of the Regulations.

30.

30. Article 123 of the Regulations is hereby amended by the substitution of the following sub-article for sub-article (1):

“(1) The Board shall, as soon as may be following the making of its decision on an application for approval notify the local authority concerned, and any person or body who made a submission or observation in accordance with section 175(4) of the Act, of its decision.”.

Amendment of Part 10 of the Regulations.

31.

31. Part 10 of the Regulations is amended by substituting the following for Chapter 5:


	“Chapter 5 Transboundary Environmental Effects	“Chapter 5 Transboundary Environmental Effects
	Transboundary environmental effects - notification of Minister.	124. (1) (a) A planning authority, as soon as may be after receipt of a planning application to which this Part applies, shall notify the Minister of such planning application, where, in its opinion, the proposed development to which the application relates would be likely to have significant effects on the environment in a transboundary State. (b) The Board, as soon as may be after receipt of an appeal or an application for approval to which this Part applies or an application for strategic infrastructure development, shall notify the Minister of such planning application, appeal, application for approval or application for strategic infrastructure development where — (i) in its opinion, the proposed development to which the application, appeal, application for approval or application for a strategic infrastructure development relates would be likely to have significant effects on the environment in a transboundary State, or (ii) in the case of an application for strategic infrastructure or a request for an alteration referred to in section 146C of the Act, the applicant or requester as appropriate has notified a transboundary State of the proposed development or alteration. (c) A notification to the Minister under paragraph (a) shall state — (i) (I) in the case of a planning application, the name and address of the applicant, (II) in the case of an appeal, the name and address of the applicant to which the appeal relates and the nature of the appeal, (III) in the case of an application for approval, the name of the local authority, (IV) in the case of an application for strategic infrastructure development, the name and address of the applicant, (ii) the location, townland or postal address of the land to which the application, appeal, application for approval or application for strategic infrastructure relates (as may be appropriate), (iii) the nature and extent of the proposed development, (iv) the date of receipt of the application, appeal, application for approval or application for strategic infrastructure development, and (v) if the proposed development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact. (2) A notice under sub-article (1) shall be accompanied by a copy of any relevant EIS. (3) Where the Minister is notified in accordance with sub-article (1), he or she shall consult with the relevant planning authority or the Board as appropriate in relation to the proposed development.
	Transboundary environmental effects - information to Minister.	125. Minister may, in the case of a planning application, appeal or application for approval which this Part applies or an application for strategic infrastructure development, and— (a) which, in his or her opinion, involves development which would be likely to have significant effects on the environment in a transboundary State, or (b) where a transboundary State considers that the development would be likely to have such effects and has requested that it be provided with information on the proposed development, require the planning authority or the Board, as appropriate, to furnish to him or her such details, information or documents as he or she may specify in relation to such application, appeal, application for approval or application for strategic infrastructure development, as appropriate.
	Transboundary consultation.	126. (1) The relevant planning authority or the Board as appropriate shall provide information on a proposed development referred to in articles 124 or 125 to the transboundary State concerned, (except where in the case of an application for strategic infrastructure or a request for an alteration referred to in section 146C, the applicant or requester as appropriate has notified a transboundary State of the proposed development or alteration) and shall enter into consultations with that State in relation to the potential transboundary effects of the proposed development: (a) at the same time as notifying the Minister under article 124(1), or (b) upon request for such information by the transboundary State under article 125. (2) The information to be provided under sub-article (1) above shall include — (a) a description of the project, together with any available information on its possible transboundary impact, (b) an indication that the project is subject to an environmental impact assessment procedure, (c) an indication that the planning authority or the Board, as the case may be, is the competent authority responsible for taking the decision, (d) an indication of the types of decision the planning authority or the Board, as the case may be, may make in relation to the application, appeal, application for approval or application for strategic infrastructure, (e) an indication that a decision will not be taken on the proposed development until the views, if any, of the transboundary State have been received or the consultations are otherwise completed, and (f) an indication that where the transboundary State indicates that it wishes to take part in the decision-making procedures in relation to the proposed development, a copy of the EIS will be sent to it. (3) Where the transboundary State concerned indicates that it wishes to take part in the decision-making procedures in relation to the proposed development, the planning authority or the Board as appropriate shall forward the EIS and any other relevant information to the transboundary State. (4) Where a planning authority or the Board has provided information and entered into consultations with the State concerned, the relevant planning authority or the Board, as appropriate, shall notify, (a) in the case of a planning application or of an application for strategic infrastructure development, the applicant, (b) in the case of an appeal, the parties to the appeal, or (c) in the case of an application for approval, the local authority of that fact.
	Notification of Board by planning authority.	127. Where notice of, or details, information or documents in relation to, a planning application has or have been given to the Minister by a planning authority under article 124 or 125, the authority shall, when complying with the requirements of section 128 of the Act, notify the Board of that fact.
	Request for further information.	128. (1) In the case of a planning application to which this Chapter applies, a planning authority may, having regard to the views of a transboundary State, and notwithstanding article 33(2), require an applicant to submit further information in respect of the application. (2) Where a planning authority considers that further information submitted under sub-article (1) contains significant additional data on the effects on the environment of the proposed development, it shall as soon as may be following receipt of the further information— (a) send notice of, and a copy of, the further information received by the authority to- (i) any person or body specified in article 28, indicating that a submission or observation on the further information may be made in writing to the planning authority within 4 weeks of the date of the notice, (ii) the Minister, and (iii) any relevant transboundary State, (b) notify any person who made a submission or observation in relation to the planning application in accordance with article 29(1) indicating — (i) that the further information is available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the authority, and that a submission or observation on the further information may be made in writing to the planning authority within 4 weeks of the date of the notice, and (ii) that no further fee shall be payable on condition that any submission or observation referred to in sub-paragraph (i) is accompanied by a copy of the acknowledgement by the authority of receipt of a submission or observation referred to in article 29(2), (c) require the applicant to publish in an approved newspaper a notice, containing as a heading the name of the planning authority and marked “Environmental Impact Statement - Further Information”, stating — (i) the name of the applicant, (ii) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate), (iii) the reference number of the application on the register, (iv) that significant further information in relation to the application has been furnished to the planning authority, (v) that the further information is available for inspection or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the authority, and that a submission or observation in relation to the further information may be made in writing to the planning authority within a specified period on payment of the prescribed fee. (3) Where a planning authority considers that the notice published in accordance with sub-article (2)(c) does not adequately inform the public, the authority may require the applicant to give such further notice in such a manner and in such terms as the authority may specify. (4) Where a requirement under sub-article (1) is not complied with, the planning application shall be declared to be withdrawn after the period of 6 months from the date of the requirement for further information has elapsed. (5) In the case of an appeal to which this Chapter applies, the Board may, having regard to the views of a transboundary State, issue a notice under section 132 of the Act requiring the applicant for planning permission to submit further information to the Board. (6) In the case of an application for approval to which this Chapter applies, the Board may, having regard to the views of a transboundary State, in accordance with section 175(5) of the Act, require the local authority to furnish further information to the Board. (7) In the case of an application for strategic infrastructure development, the Board may, having regard to the views of a transboundary State, in accordance with section 37F(1)(a), 181A(4)(a), 182A(5)(a) or 182C(5)(a) of the Act, as may be appropriate, require the applicant to furnish further information to the Board.
	Notice of further information to Minister and transboundary State.	129. (1) Where a planning authority considers that further information or evidence submitted in response to a request under article 33, in respect of a planning application to which this Chapter applies, contains significant additional data on the effects on the environment of the proposed development, it shall, in addition to the requirements of that article, send a copy of the relevant information or evidence to the Minister and any relevant transboundary State. (2) Where the Board considers that any submission, observation, document, particulars or other information submitted to it in response to a request or requirement of the Board, in respect of an appeal or application for approval to which this Chapter applies, or an application for strategic infrastructure development, contains significant additional data on the effects on the environment of the proposed development, it shall send a copy of the relevant data to the Minister and any relevant transboundary State.
	Minimum period for determining planning application, appeal or application for approval.	130. A planning authority shall, notwithstanding section 34(8) of the Act, not decide to grant or refuse permission in respect of a planning application to which this Chapter applies, or the Board shall not determine an appeal, an application for approval to which this Chapter applies or an application for strategic infrastructure development, until after (a) the views, if any, of any relevant transboundary State have been received in response to consultations under article 126(1), or (b) the consultations are otherwise completed.
	Inclusion of notice of transboundary effects in weekly list	130A. The lists referred to in article 27 and article 72(1) shall indicate that the proposed development may have transboundary environmental effects, where that is the case.
	Notice of decision.	131. A notice under articles 31, 74, 123, 217 and 220 shall, in the case of an application, appeal or application for approval or an application for strategic infrastructure development to which this Chapter applies, be sent to - (a) the Minister, and (b) any relevant transboundary State.
	Public notice of information received pursuant to request under section 174(4) of Act.	132. (1) Where, in response to a request under section 174(4) of the Act, the Minister receives information from a transboundary State in relation to development in such State, or where the Minister otherwise receives information from a transboundary State in respect of any development which is subject to the Council Directive or Transboundary Convention and which is likely to have significant effects on the environment, he or she shall, as soon as may be following receipt of such information, notify any planning authority likely to be affected by the proposed development and send a copy of the information to any such authority. (2) Where a planning authority receives information under sub-article (1) or otherwise receives information from a transboundary State in respect of any development which is subject to the Council Directive or Transboundary Convention and which is likely to have significant effects on the environment it shall as soon as may be following receipt of information publish a notice in an approved newspaper and give notice of having received the information to the bodies referred to in article 28, as appropriate. (3) A notice referred to in sub-article (2) shall state: (i) that information has been received in relation to the proposed development in such transboundary State, (ii) the nature of the information received, (iii) that the proposed development is subject to an environmental impact assessment procedure and has potential transboundary effects, (iv) the nature of possible decision, or where there is one, the draft decision, (v) that the information is available for inspection, or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the authority, and (vi) that a submission or observation in relation to the proposed development may be made in writing to the authority within a specified period. (4) As soon as may be following receipt of any submission or observation referred to in sub-article (3), the relevant planning authority shall consult with the Minister in relation to consultation with the State concerned on the potential transboundary effects of the proposed development. (5) Following consultations between the Minister and a planning authority under sub-article (4), the relevant planning authority shall enter into consultations with the State concerned in relation to the potential transboundary effects of the proposed development. (6) Where the Minister receives information from a transboundary State in relation to a decision to grant or refuse a development to which this Part applies, the Minister shall, as soon as may be following receipt of such information send such information to any planning authority likely to be affected by the decision. (7) A planning authority shall, as soon as may be after receipt of the information referred to in sub-article (6) or otherwise, publish a notice in an approved newspaper stating - (a) that it has received information on a decision taken by a transboundary State, (b) the nature of the decision, and (c) that the information is available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the planning authority.

Amendment of Part 11 of the Regulations.

32.

32. Part 11 of the Regulations is amended by the substitution of “Health and Safety Authority” for “National Authority for Occupational Safety and Health” in each place where it occurs.

Amendment of [illegible] Article 137 of the Regulations.

33.

33. (1) Article 137(1)(b)(ii) of the Regulations is amended by the substitution of “article 27” for “article 29”.

(2) Article 137 (3) of the Regulations is amended by substituting paragraphs (e) and (f) with the following paragraphs -

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

(f) request a determination as to whether the Major Accidents Regulations apply to the proposed development, and

(g) request that, where the Authority determines under (f) above that the Major Accidents Regulations apply to the proposed development, technical advice on the effects of the proposed development on the risk or consequences of a major accident be provided to the planning authority.”.

Amendment of Article 141 of the Regulations.

34.

34. (1) Article 141(1)(b)(ii) of the Regulations is amended by the substitution of “article 27” for “article 29”.

(2) Article 141(3) of the Regulations is amended:

(a) by the substitution of “issue as soon as may be following” for “issue within 2 weeks of”, and

(b) by the substitution of paragraph (f) by the following paragraphs:

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

(f) request a determination as to whether the Major Accidents Regulations apply to the proposed development, and

(g) request that, where the Authority determines under (f) above that the Major Accidents Regulations apply to the proposed development, technical advice on the effects of the proposed development on the risk or consequences of a major accident be provided to the Board.”.

Amendment of Article 143 of the Regulations.

35.

35. Article 143(1)(b)(ii) is amended by the substitution of “article 27” for “article 29”.

Amendment of [illegible] Article 147 of the Regulations.

36.

36. Article 147(1)(b)(ii) is amended by the substitution of “article 27” for “article 29”.

Amendment of Article 150 of the Regulations.

37.

37. (1) Article 150(1) of the Regulations is amended by the substitution of

“In addition to the requirements of article 87, where —” with “In addition to the requirements of article 87 and section 181A(3) of the Act, where -”

(2) Article 150(1)(a)(ii) is amended by the substitution of “article 27” for “article 29”.

Amendment of Article 179 of the Regulations.

38.

38. Article 179(2) of the Regulations is amended:

(a) by the substitution in paragraph (c) of “the Health Service Executive” for “the appropriate health board”,

(b) by the substitution of paragraph (d) by the following paragraphs:

“(d) where it appears to the planning authority that development under the draft planning scheme would be likely to impact on public transport – the Minister for Transport,

(dd) where it appears to the planning authority that development under the draft planning scheme would be likely to impact on energy or communications networks - the Minister for Communications, Marine and Natural Resources”,

“(f) where it appears to the planning authority that development under the draft planning scheme would be likely to significantly impact on surface transport in the Greater Dublin Area, the Dublin Transportation Office (or any body that replaces that office)”

(d) by the deletion in paragraph (g)(i) of “or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan”,

(e) by the substitution in paragraphs (g), (h) and (i) of “Fáilte Ireland” for “Bord Fáilte Éireann”,

(f) by the substitution in paragraphs (g) and (j) of the “the Minister” for “the Minister for Arts, Heritage, Gaeltacht and the Islands”,

(g) by the substitution in paragraph (1) of “the Minister for Communications, Marine and Natural Resources” for “the Minister for Marine and Natural Resources”,

(h) by the substitution in paragraph (m) of “Health and Safety Authority” for “National Authority for Occupational Safety and Health”,

(i) by the substitution in paragraph (p) of “the Minister for Community, Rural and Gaeltacht Affairs” for “the Minister for Arts, Heritage, Gaeltacht and the Islands”, and

(j) by the substitution of paragraphs (r) and (s) by the following paragraphs:

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

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

(t) where it appears to the planning authority that development under the draft planning scheme 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,

—the railway operator, the Railway Safety Commission, and, where development under the draft planning scheme might impact on a light railway or metro, the Railway Procurement Agency, or

(u) where it appears to the planning authority that development under the draft planning scheme may relate 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 pits or quarries for the extraction of natural earth materials, or

(iii) where the development requires the excavation of earth material greater than a total volume of 50,000m^3 and greater than 10m deep,

– to the Minister for Communications, Marine and Natural Resources.”.

Amendment of Article 182 of the Regulations.

39.

39. Article 182(1) of the Regulations is amended by the substitution, in paragraph (b) of “the Health Service Executive” for “the relevant Health Board”.

Amendment of Article 187 of the Regulations.

40.

40. Article 187 of the Regulations is amended by insertion of the following sub-article after sub-article (3):

“(4) A local authority may, by notice in writing, require an applicant to submit additional copies of the application and accompanying documents, maps or drawings.”.

New Part 18 of the Regulations.

41.

41. The following Part is inserted after Part 17 of the Regulations:

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